S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3241
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, GUNTHER, L. ROSENTHAL, WOERNER, FAHY,
   TAYLOR,  CARROLL,  JACOBSON,  SIMON,   SEAWRIGHT,   SAYEGH,   BURDICK,
   JEAN-PIERRE, GONZALEZ-ROJAS, FORREST -- Multi-Sponsored by -- M. of A.
   LUPARDO,  McDONOUGH  --  read  once  and  referred to the Committee on
   Insurance

 AN ACT to amend the public health law and the insurance law, in relation
   to premium reduction for obstetric practitioners who complete  a  risk
   management strategies course
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2506-a to read as follows:
   §  2506-A.  RISK  MANAGEMENT  STRATEGIES  IN  OBSTETRICS AND MIDWIFERY
 COURSES. 1. IN ORDER TO IMPROVE PATIENT SAFETY, BIRTH  OUTCOMES  AND  TO
 PROMOTE  INFORMED  CONSULTATION  BY  PATIENTS  WITH THEIR PHYSICIANS AND
 LICENSED MIDWIVES DURING THE PRENATAL THROUGH INTRAPARTUM AND POSTPARTUM
 PERIODS, THE COMMISSIONER SHALL APPROVE PROFESSIONAL  EDUCATION  COURSES
 FOR ELIGIBLE PHYSICIANS AND LICENSED MIDWIVES AS PROVIDED IN SUBDIVISION
 FOUR  OF  THIS SECTION THAT COVERS RISK MANAGEMENT STRATEGIES IN OBSTET-
 RICS AND MIDWIFERY AS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. SUCH
 RISK MANAGEMENT STRATEGIES COURSES SHALL BE SUBJECT TO SUCH STANDARDS AS
 THE COMMISSIONER MAY PRESCRIBE BY REGULATION. IN PRESCRIBING SUCH  REGU-
 LATIONS,  THE  COMMISSIONER  MAY  CONSULT  WITH THE AMERICAN CONGRESS OF
 OBSTETRICIANS AND GYNECOLOGISTS, NEW YORK STATE ASSOCIATION OF  LICENSED
 MIDWIVES  AND  OTHER HEALTH CARE ORGANIZATIONS. AN ELIGIBLE PHYSICIAN OR
 LICENSED MIDWIFE WHO SUCCESSFULLY COMPLETES SUCH RISK MANAGEMENT STRATE-
 GIES COURSE PURSUANT TO THIS SECTION SHALL  RECEIVE  CONTINUING  MEDICAL
 EDUCATION CREDIT AND A CERTIFICATE OF COMPLETION.
   2.   COURSES ON RISK MANAGEMENT STRATEGIES DURING THE PRENATAL THROUGH
 INTRAPARTUM AND POSTPARTUM PERIODS SHALL PROMOTE EVIDENCE-BASED CLINICAL
 GUIDELINES AND PATIENT SAFETY PROTOCOLS  FROM  BOTH  THE  MIDWIFERY  AND
 OBSTETRICAL  PERSPECTIVES. OPTIONS FOR COURSES SHOULD BE APPROPRIATE FOR
 THE RESPECTIVE PROFESSION AND  MAY  INCLUDE  INFORMATION  AND  EDUCATION
 ADDRESSING  RISKS ASSOCIATED WITH THE PRACTICE OF OBSTETRICS AND MIDWIF-
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06621-01-3
 A. 3241                             2

 ERY. COURSE OPTIONS MAY INCLUDE ISSUES SUCH  AS:  METHODS  TO  ELIMINATE
 NON-MEDICALLY INDICATED (ELECTIVE) DELIVERIES PRIOR TO THIRTY-NINE WEEKS
 GESTATION  INCLUDING THE NEONATAL IMPACT OF LATE PRETERM BIRTHS; VAGINAL
 BIRTHS  AFTER CESAREAN BIRTHS AND THE APPLICABILITY TO A TRIAL OF LABOR;
 REDUCTIONS IN CESAREAN BIRTHS; MONITORING OF FETAL  WELL-BEING;  MANAGE-
 MENT  OF  PAIN  IN  LABOR;  MANAGEMENT OF MATERNAL HEMORRHAGE, INCLUDING
 PLACENTA ACCRETA, HYPERTENSION IN PREGNANCY, INCLUDING PRE-ECLAMPSIA AND
 ECLAMPSIA, VAGINAL BREECH AND PREVENTION OF SHOULDER DYSTOCIA; AND OTHER
 EVIDENCE-BASED GUIDELINE DETERMINED ISSUES THAT  IMPROVE  THE  CARE  AND
 OUTCOMES OF WOMEN.
   3.  ATTENDANCE  AT ANY COURSE APPROVED BY THE COMMISSIONER PURSUANT TO
 THIS SECTION MAY BE IN PERSON OR THROUGH DISTANCE LEARNING METHODS WHICH
 EVINCE THAT ALL PARTICIPANTS ARE IN ATTENDANCE FOR THE DURATION  OF  THE
 COURSE AND ABLE TO ASK QUESTIONS OF THE INSTRUCTOR.
   4.  PHYSICIANS  WHO  ARE  BOARD CERTIFIED OR ARE ACTIVE CANDIDATES FOR
 BOARD CERTIFICATION IN OBSTETRICS AND PHYSICIANS WHO ARE BOARD CERTIFIED
 OR ARE ELIGIBLE FOR BOARD CERTIFICATION IN FAMILY PRACTICE  AND  PROVIDE
 OBSTETRIC SERVICES AND MIDWIVES WHO ARE LICENSED IN THE STATE ARE ELIGI-
 BLE FOR A RISK MANAGEMENT STRATEGIES COURSE.
   5.  THE  COMMISSIONER  IS  AUTHORIZED TO PRESCRIBE ANY RULES AND REGU-
 LATIONS NECESSARY TO IMPLEMENT THIS SECTION. IN PRESCRIBING  SUCH  RULES
 AND  REGULATIONS,  THE  COMMISSIONER  SHALL CONSIDER THE RULES AND REGU-
 LATIONS PROMULGATED BY THE SUPERINTENDENT OF FINANCIAL SERVICES PURSUANT
 TO SUBSECTION (E) OF SECTION TWO THOUSAND THREE HUNDRED  FORTY-THREE  OF
 THE  INSURANCE  LAW AND MAY CONSULT WITH THE SUPERINTENDENT OF FINANCIAL
 SERVICES.
   § 2. Subsection (e) of section 2343 of the insurance law, as added  by
 chapter  642 of the laws of 1990, is amended and a new subsection (f) is
 added to read as follows:
   (e) The superintendent may approve an ACTUARIALLY appropriate  premium
 reduction  for an insured physician OR LICENSED MIDWIFE who successfully
 completes a risk management course OR A COURSE AUTHORIZED BY THE COMMIS-
 SIONER OF HEALTH UNDER SECTION TWO THOUSAND FIVE HUNDRED  SIX-A  OF  THE
 PUBLIC  HEALTH LAW, which must be approved by the superintendent subject
 to such standards as the superintendent may prescribe by regulation.  In
 prescribing  such  regulation  the  superintendent  may consult with the
 commissioner of health.
   (F)  AN  INSURED  PHYSICIAN  OR  LICENSED  MIDWIFE  WHO   SUCCESSFULLY
 COMPLETES  A  COURSE  AUTHORIZED  BY  THE  COMMISSIONER  OF HEALTH UNDER
 SECTION TWO THOUSAND FIVE HUNDRED SIX-A OF THE PUBLIC HEALTH  LAW  SHALL
 NOT,  DURING  THE  PERIOD  SET FORTH IN THE SUPERINTENDENT'S REGULATIONS
 PRESCRIBING STANDARDS FOR THE PREMIUM REDUCTION, ALSO  BE  ELIGIBLE  FOR
 ADDITIONAL  PREMIUM  REDUCTION  FOR  AN  INSURED  PHYSICIAN  OR LICENSED
 MIDWIFE'S MEDICAL MALPRACTICE INSURANCE POLICY FOR SUCCESSFUL COMPLETION
 OF A RISK MANAGEMENT COURSE APPROVED BY THE  SUPERINTENDENT  UNDER  PART
 152 OF TITLE 11 OF THE NEW YORK CODE OF RULES AND REGULATIONS.
   §  3. This act shall take effect one year after it shall have become a
 law and shall apply to all  insurance  policies  and  contracts  issued,
 renewed,  modified  or  altered  on  and  after such effective date. The
 commissioner of health and the superintendent of financial services  are
 authorized  and  directed to adopt, amend, suspend or repeal regulations
 and take other actions necessary for  the  implementation  of  this  act
 prior  to  such  effective  date; provided, however, that such adoption,
 amendment, suspension or repeal of  regulations  shall  not  have  legal
 effect until this act takes effect.